Wednesday, June 15, 2011

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singhsa3

07-11 10:34 PM

Hi Guys, Based on some recommendations, I have put together the enclosed pamplet. I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.

http://www.geocities.com/singhsa3/Ghandhigiri.doc

Take a look at it and make suggestions

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Blog Feeds

02-25 07:20 PM

AILA Leadership Has Just Posted the Following:

http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s320/2010-02-23+Magnifying+Glass.jpg (http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s1600-h/2010-02-23+Magnifying+Glass.jpg) By Eleanor Pelta, AILA First Vice President

The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.

Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:

� Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home � Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy

Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�

There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:

Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.

Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.

With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.

Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.

Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com

how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#

please help

Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx

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sixburgh

08-13 10:46 AM

History: - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times. - Wife had entered USA on H4 (2005) - In July 2007, we both got a chance to apply for 485, EAD and AP - Since then I switched to EAD, wife too started working on EAD - But my company also kept renewing my H1 - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package. - We both received our h1 and h4 notices. - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1. - This is what I did, I got a stamp and entered USA now on H1. - Note that my wife continued to remain in USA and worked on EAD. - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC. - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use - But once wife gets EAD, she will continue to use it to work.

Question for fellow IV members : By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible) (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

Can someone shed some light on this: Am I right or wrong? Does this affect her or mine, pending 485/AOS ?

I think the job market is going to change a lot- in next few months There will be plenty of people waiting for last so many years- who will be out to switch and also who are or were not planning to change- will now start thinking now that they have the opportunity...:)

This will create new job positions as well as make the market very competitive - since there will be many positions

Nevertheless- I dont think its going to make a significant or any chnage in economy - since this will only initiate a job movement and not new job creation

So Ladies and Gentelmen- I think we have very intresting few months in front of us

BTW_ I created a poll- if you are intrested in participating... http://immigrationvoice.org/forum/showthread.php?t=15612

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rkat

12-13 02:31 PM

My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!

It said in the online instructions to call them if you didn't receive the cards within 30 days.

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naturopathicpt

06-29 04:53 PM

Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

I can't say how much weight this statment holds...

I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.

So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )

Boy, you really get up early! I'm still in bed when the sun's rising :p With that said, pretty much all comments have been covered already. The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) I really like the little clump of flowering weeds or whatever they are in the lower right and of course I downloaded them and played with them. The second one, I tried it as Anders suggested, cropping, and again, nudging the curves. Both benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.

MRSR: there have been rumors of EB2 India moving out of U. Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.

I interfiled (ROW) in December, I'm not sure if they applied it. When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.

What if one decides to go back to school to get another degree when on EAD, is this possible?

The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

Any insight in this regard will be very much appreciated.

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need_EAD

05-18 02:56 PM

Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

She was a weekly columnist for Express Computer on immigration topics.

It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.

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tabletpc

12-16 10:22 AM

Don't Panic but retaliate.

Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information. Suggestion: keep the employment termination letter/note/email for records for future reference.

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saibaba

03-31 02:21 PM

Can we file taxes seperately on married status?

I mean, my CPA did estimates seperately and we found substantial difference...

Is there any problem in we filing seperately as we r into 485 peding stuff?... From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

First of all, are they related?

mariner5555

05-19 02:22 PM

Hi, Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.

Following points are mentioned in the e-filing confirmation Receipts:

1) DO attached one copy of this Confirmation Receipts 2) DO keep the extra copy of confirmation receipt for your record. 3) DO NOT send a copy of your e- filing application 4) DO NOT include any applications or fee 5) DO NOT mail photos or copies of identification

I did NOT find any where like we need to send, passport copy, drive license copy, photo. yes ..you don't have to send the photographs or DL copy. if you efile, you can send copy of 485 recpt copy but they don't ask that anywhere ..

meridiani.planum

11-03 01:42 AM

inline...

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble. Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)